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MWIANIMALHEALTH.COM Terms Of Service

1. Your Acceptance

By using or visiting this Website accessed through mwianimalhealth.com (including all content available through the mwianimalhealth.com domain name) (“Website”), you assent to both these terms and conditions of use (the "Terms of Service"). If you do not agree to any of these terms, then please do not use the mwianimalhealth.com Website.

2. mwianimalhealth.com Website

A. Scope of Terms of Service. These Terms of Service apply to all users of the Website. The Website may contain links to third-party Websites that are not owned or controlled by MWI; MWI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites. In addition, MWI will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MWI from all liability arising from your use of any third-party Website. When you leave the Website you should read the terms and conditions and privacy policy of each other Website that you visit.

B. MWI Account, Terms of Sale and Internet Account Access Agreements. To use certain features of the Website that are protected by a username and password, you must submit an account application to, and accepted by, MWI for an account with MWI. When submitting your account, you must provide accurate and complete information, and agree to MWI’s Terms of Sale. If there is a conflict between the Terms of Sale and these Terms of Service, the Terms of Sale govern.

C. Third Party Software. To view or access all the features of the Website, your web browser may require additional third-party software, also known as plug-ins, add-ons, extensions, etc. MWI makes no warranties that this third-party software will be compatible with your computer and specifically disclaims any liability for direct, incidental or consequential damages that arise when you download, install, or use third-party software to access the content or features of the Website.

D. Accuracy of Price and Product Descriptions. MWI attempts to be as accurate as possible. However, MWI does not warrant that price and product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, MWI has the right to refuse or cancel (i) any orders placed for products listed at the incorrect price or incorrect information, and (ii) any such orders whether or not the order has been confirmed and invoiced. If you have already been charged for the purchase and your order is canceled, MWI shall issue a credit to your account in the amount of the charge.

E. Product Warranties. The warranty, if any, for the products available at the Website are provided by the manufacturer. MWI does not represent or warrant the existence or scope of the manufacturer’s warranty, or whether the manufacturers’ warranty passes through to you. MWI’s warranties, if any for the products available at the website are set forth in MWI’s Terms of Sale. MWI disclaims and limits all warranties and remedies except as set forth in MWI’s Terms of Sale.

3. Website Access

A. Grant of Limited Permission to Access Website. MWI hereby grants you limited permission to use the Website pursuant to the Terms of Service, provided that: (i) you use the Website solely for your personal and noncommercial use; (ii) if you also qualify to do business with MWI because you have an account with MWI you may also use the Website solely for the use and benefit of your own business under the name and at the location that is listed on your account with MWI (iii) you will not use the Website or your account with MWI to access any part of the Website on behalf of any person or entity who does not have an account with MWI or to provide information to any person or entity who does not have an account with MWI; (iv) you will not copy or distribute any part of the Website in any medium without MWI’s prior written authorization; (v) you will not alter or modify any part of the Website other than as may be reasonably necessary for you to use the Website for its intended purpose; and (vi) you will comply with these Terms of Service.

B. Website Access Is Personal to You. Your right to access those parts of the Website that is protected by a user name or password is personal to you and your business as listed on your account with MWI. You may not share or give your account information, user name or password to any other person without MWI’s permission. You may never use an account of another person without MWI’s permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you share your account, MWI has the right to immediately suspend or terminate your account and your access to the Website. You must notify MWI immediately when you learn of any breach of security or unauthorized use of your account. Although MWI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MWI or others due to such unauthorized use, including money damages.

C. Limited Prohibitions of Access to Website. If you do not have an account in your name with MWI, or if you have not been granted access to the Website in writing by MWI, you are prohibited to access any part of the Website that is protected by a user name or password. You agree to not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers". Notwithstanding the foregoing, MWI grants the operators of public search engines permission to use automated systems to copy materials from the public parts of the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MWI reserves the right to revoke this exception in either general or specific cases. You agree to not collect or harvest any personally identifiable information, including account names, user names or passwords, from the Website, and to not use the communication systems provided by the Website for any commercial solicitation purposes.

D. Modifications to Website. MWI reserves the right to modify, amend or discontinue any aspect or part of the Website at any time and without notice.

4. Intellectual Property Rights

The content on the Website including without limitation, the text, software, metatags, scripts, graphics, photos, videos, interactive features and the like ("Content") and the trademarks, service marks, trade dress and logos contained therein ("Marks"), are owned by or licensed to MWI, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MWI reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted in these Terms of Service. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent, restrict or limit the use of the Website or Content or the copying of any Content.

5. Unsolicited Ideas

You may send unsolicited ideas to MWI, including without limitation ideas for products, services, product improvements, processes, business ideas, or product names. If you send such ideas to MWI, then (i) submissions will automatically become the property of MWI, without compensation to you; and (ii) MWI can use the submissions for any purpose and in any way – even give them to others – without compensation to you.

6. Comments

MWI welcomes your feedback regarding many areas of our existing business. If you want to send us your comments – and MWI hopes you do – please use our “Contacts” page. Please provide specific feedback on our existing products or services (in other words, do not include any unsolicited ideas).

7. Disclaimer of Warranty and Limitation of Remedies

A. Disclaimer of Warranty and Liability. You use the Website and its related services at your sole risk. To the fullest extent permitted by law, MWI and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. MWI makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website. MWI shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party. MWI does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising. MWI does not, and is not responsible for, monitoring any transaction between you and third-party providers of products or services.

B. Limitation of Remedies. MWI disclaims any liability, warranty or responsibility for, and is not liable for any direct, indirect, incidental, special, punitive, consequential or other damages resulting from, any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers, or the personal or financial information stored on our secure servers; (iv) any interruption or cessation of transmission to or from our Website; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Website by any third party; (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website; and (vi) any failed sales or barter transaction that is not consummated as a result of any action or inaction on the part of any party, whether based on warranty, contract, tort, or any other legal theory, and whether or not MWI is advised of the possibility of such liability or damages.

8. Indemnity

You agree to defend, indemnify, and hold harmless MWI and its parent company, officers, directors, affiliates, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right. This indemnification and defense obligation will survive these Terms of Service and your use of the Website.

9. Amendments and Modifications

MWI may amend these Terms of Service at any time without further notice to you. Your use of the Website following any amendment of these Terms of Service signifies your assent to and acceptance of the revised Terms of Service. You agree that you are responsible for reviewing these Terms of Service.

10. Interpretation

These Terms of Service, together with the Privacy Policy posted on this website and any other legal notices published by MWI on the Website (including any linked MWI documents), shall constitute the entire agreement between you and MWI concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MWI's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, and any rights and licenses granted in these Terms of Service, may not be transferred or assigned by you, but may be assigned by MWI without restriction. These Terms of Service shall be governed by the internal substantive laws of the State of Idaho, United States of America, without respect to its conflict of laws principles. The Website is (i) controlled and offered by MWI from its facilities in Idaho; (ii) is deemed to be based solely in Idaho; and (iii) is a passive Website that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state, country or jurisdiction other than Idaho and thus does not give rise to personal jurisdiction over MWI, either specific or general, in jurisdictions other than Idaho. MWI makes no representations that the Website is appropriate or available for use in other locations. Your access or use of the Website from other jurisdictions is at your own volition and you are responsible for compliance with local law. Any claim or dispute between you and MWI that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Ada County, Idaho, United States of America. You affirm that you are either 18 or more years of age on the date at your location at which you sign on to the website,” are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.